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7 LONG TITLE
8 General Description:
9 This bill prohibits access to and use of reverse-keyword information.
10 Highlighted Provisions:
11 This bill:
12 ▸ defines terms;
13 ▸ prohibits the seeking or granting of a reverse-keyword court order;
14 ▸ prohibits the request of reverse-keyword information;
15 ▸ prohibits the use of evidence derived from reverse-keyword information;
16 ▸ includes a five-year repeal; and
17 ▸ makes technical and conforming changes.
18 Money Appropriated in this Bill:
19 None
20 Other Special Clauses:
21 None
22 Utah Code Sections Affected:
23 AMENDS:
24 63I-2-277, as last amended by Laws of Utah 2023, Chapter 382
25 ENACTS:
26 77-23g-101, Utah Code Annotated 1953
27 77-23g-102, Utah Code Annotated 1953
28 77-23g-103, Utah Code Annotated 1953
29 77-23g-104, Utah Code Annotated 1953
30 77-23g-105, Utah Code Annotated 1953
31 77-23g-106, Utah Code Annotated 1953
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33 Be it enacted by the Legislature of the state of Utah:
34 Section 1. Section 63I-2-277 is amended to read:
35 63I-2-277. Repeal dates: Title 77.
36 (1) Subsections 77-23f-102(2)(a)(ii) and 77-23f-103(2)(a)(ii), which require a notice
37 for certain reverse-location search warrant applications, are repealed January 1, 2033.
38 (2) Title 77, Chapter 23g, Prohibition on Reverse-keyword Information, is repealed
39 July 1, 2029.
40 Section 2. Section 77-23g-101 is enacted to read:
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42 77-23g-101. Definitions.
43 (1) "Law enforcement agency" means the same as that term is defined in Section
44 77-23c-101.2.
45 (2) "Reverse-keyword court order" means a court order, including a search warrant,
46 that compels the disclosure of reverse-keyword information.
47 (3) (a) "Reverse-keyword information" means information that:
48 (i) identifies an unnamed person, by name or other unique identifier, who:
49 (A) electronically searched for a particular word, phrase, character string, or website;
50 or
51 (B) visited a particular website through a link generated by an electronic search for a
52 particular word, phrase, character string, or website; and
53 (ii) is or is not limited to a specific geographic area or time frame.
54 (b) "Reverse-keyword information" does not include keyword information concerning
55 a known person or a specified electronic device that may be obtained pursuant to Chapter 23c,
56 Electronic Information Privacy Act.
57 (4) "Reverse-keyword request" means a request by a law enforcement agency, in the
58 absence of a court order, that seeks the voluntary provision of reverse-keyword information.
59 Section 3. Section 77-23g-102 is enacted to read:
60 77-23g-102. Prohibition on reverse-keyword court orders.
61 (1) A law enforcement agency may not seek, from any court, a reverse-keyword court
62 order.
63 (2) A court subject to the laws of this state may not issue a reverse-keyword court
64 order.
65 (3) A law enforcement agency may not seek, secure, obtain, borrow, purchase, or
66 review any information obtained through a reverse-keyword court order.
67 Section 4. Section 77-23g-103 is enacted to read:
68 77-23g-103. Prohibition on reverse-keyword requests.
69 (1) A law enforcement agency may not make a reverse-keyword request.
70 (2) A law enforcement agency may not seek, secure, obtain, borrow, purchase, or
71 review any information obtained through a reverse-keyword request.
72 Section 5. Section 77-23g-104 is enacted to read:
73 77-23g-104. Assistance prohibited.
74 A law enforcement agency may not seek the assistance of another individual or entity to
75 obtain reverse-keyword information, including any information obtained from a
76 reverse-keyword court order or a reverse-keyword request.
77 Section 6. Section 77-23g-105 is enacted to read:
78 77-23g-105. Exceptions to reverse-keyword prohibitions.
79 (1) Nothing in this chapter:
80 (a) limits or affects the disclosure of public records under Title 63G, Chapter 2,
81 Government Records Access and Management Act;
82 (b) affects the rights of an employer under Subsection 34-48-202(1)(e) or an
83 administrative rule adopted under Section 63A-16-205; or
84 (c) limits the ability of a law enforcement agency to receive or use information from
85 the National Center for Missing and Exploited Children under 18 U.S.C. Sec. 2258A.
86 Section 7. Section 77-23g-106 is enacted to read:
87 77-23g-106. Exclusion of reverse-keyword information.
88 Reverse-keyword information obtained in violation of the provisions of this chapter
89 shall be subject to the rules governing exclusion as if the information was obtained in violation
90 of the Fourth Amendment to the United States Constitution and Utah Constitution, Article I,
91 Section 14.
92 Section 8. Effective date.
93 This bill takes effect on May 1, 2024.